This article shall be known as the city garbage and waste disposal ordinance.
(Ordinance 305, sec. 1, adopted 3/10/93)
The purpose of this article is to:
(1) 
Provide a safe and healthful environment for all citizens within the city limits;
(2) 
Protect the health, safety and well-being of all citizens by eliminating possible or in-fact germ-breeding materials and conditions which may contribute to the spreading of diseases and infections to humans and animals;
(3) 
Provide a means for the orderly and safe handling, storage, collection, transporting and disposal of solid waste, especially garbage, within the city.
(Ordinance 305, sec. 1, adopted 3/10/93)
The following definitions shall apply to the interpretation and enforcement of this article:
Authorized sanitary landfill.
A controlled area of land for which a permit is issued and upon which solid waste is disposed of in conformance with federal and state law.
Bulky items.
Items too large for normal pickup and which cannot be loaded by two workers.
Commercial unit.
Any type of business or industry, whether sales, service or storage, or any institution such as churches, schools or hospitals.
Family unit.
One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to one another by birth, adoption or marriage.
Garbage container.
A portable can or similar container constructed of galvanized iron, tin or other substantial material or a plastic bag or cardboard box designed to store solid waste with sufficient wall strength to maintain physical integrity when lifted by the top. The maximum capacity of a garbage container shall not exceed thirty-three (33) gallons and the total weight of a garbage container and its contents shall not exceed fifty (50) pounds.
Premises.
Any property, whether improved or unimproved or occupied or not occupied, within the city limits.
Residence.
Any building or structure commonly known as a home, house, mobile home, house trailer, duplex, or apartment or any other structure which is used for housekeeping by a person or family unit.
Residential unit.
Any person or persons occupying a residence.
Solid waste.
Any and all waste that is solid, including brush, debris, garbage, yard waste and trash, as solid waste is defined under federal or state law and/or the regulations promulgated thereunder and that is acceptable for disposal in a landfill, except for special waste and hazardous waste as defined herein.
(1) 
Special waste.
(A) 
Waste defined as such by federal or state law and/or the regulations promulgated thereunder.
(B) 
Medical waste, including infectious or pathological waste from laboratories, research facilities, and health and veterinary facilities.
(C) 
Dead animals and/or slaughterhouse waste.
(D) 
Water treatment plant, sewer treatment plant and industrial sludge.
(E) 
Liquid waste, which means any waste material that is determined to be or contains free liquid by the paint filter test (EPA Method 9095).
(F) 
Waste from an industrial process.
(G) 
Waste from a pollution control process.
(H) 
Waste transported in a bulk tanker.
(I) 
Asbestos waste.
(J) 
Empty containers which have been used for pesticides, herbicides, fungicides or rodenticides.
(K) 
Residue or debris from the cleanup of a spill or release of chemical substances or commercial products.
(L) 
Soil, water, residue, debris or articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of waste listed in this definition, including soil contaminated from underground storage tanks used or formerly used for the storage of petroleum products.
(M) 
Waste that requires other than normal handling, storage, management or disposal.
(2) 
Hazardous waste.
(A) 
As defined by federal or state law and/or the regulations promulgated thereunder.
(B) 
Because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in the mortality or an increase in serious irreversible or incapacitating illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or improperly managed.
(C) 
Is required to be accompanied by a written manifest or shipping document describing the waste as hazardous pursuant to any state or federal law.
(D) 
Waste containing polychlorinated biphenyl or any other substance the storage, treatment or disposal of which is subject to regulation under the Federal Toxic Substances Control Act.
(E) 
Contains a radioactive material the storage or disposal of which is subject to federal or state law.
(Ordinance 305, sec. 1, adopted 3/10/93)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 305, sec. 4, adopted 3/10/93)
(a) 
Each and every occupied residence located within the city limits is hereby required to subscribe to the city garbage service. Each and every occupied commercial unit within the city is hereby required to subscribe to and use the city garbage service.
(b) 
Commercial units on the same property shall be deemed to have subscribed to the city garbage service if that property is served by at least one commercial dumpster of sufficient size to contain all garbage generated on the property.
(Ordinance 305, sec. 1, adopted 3/10/93)
Animal manure shall be disposed of at the expense of the property owner and in conformance with federal and state law.
(Ordinance 305, sec. 1, adopted 3/10/93)
(a) 
Every person that owns, operates, manages, occupies or controls any residence within the city limits shall provide and maintain in good order and repair a sufficient number of garbage containers for the accumulation and disposal of garbage on the premises.
(b) 
Every person that owns, operates, manages, occupies or controls any residence within the city limits shall keep all garbage containers in use securely closed in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents and other animals.
(c) 
Every person that owns, operates, manages, occupies or controls any residence within the city limits shall place garbage containers for pickup as follows:
(1) 
Garbage containers shall be placed on the curbline no earlier than 6:00 p.m. the day prior to the scheduled collection day and no later than 7:00 a.m. on the scheduled collection day, if they are to be picked up; and
(2) 
All garbage containers must be removed from the curbline and placed out of public view no later than 6:00 a.m. the day after the scheduled collection day.
(d) 
Every person that owns, operates, manages, occupies or controls any commercial unit within the city limits shall provide a commercial container known as a dumpster or front-load dumpster, except for commercial customers previously approved for commercial hand pickup. All commercial containers shall be placed on private property.
(e) 
Commercial units receiving commercial hand pickup shall provide and use garbage containers as required under subsections (a), (b) and (c) of this section for residence pickup.
(Ordinance 587-21 adopted 10/7/21)
It shall be unlawful for any person owning, operating, managing, controlling or occupying premises within the city limits to allow the accumulation of any solid waste except in approved garbage containers. Such accumulation is hereby declared to be a nuisance and is unlawful and shall be removed within ten (10) days after written notice is given.
(a) 
Residential collection shall be two (2) times per week. Commercial hand pickup customers shall not exceed ten (10) 33-gallon containers per week. Any commercial hand pickup customer exceeding ten (10) 33-gallon containers per week shall be required to use a dumpster. Commercial hand pickup customers should place garbage for pickup in the same manner as residential customers. Containers shall not exceed fifty (50) pounds.
(b) 
Commercial dumpster service shall be negotiated between the customer and the approved contractor.
(Ordinance 305, sec. 1, adopted 3/10/93)
The city council shall adopt by resolution rates for city garbage collection services.
(Ordinance 305, sec. 1, adopted 3/10/93)
Bulky items shall be collected beginning on a designated Monday of one week of each month. Bulky items should be placed within five feet (5') of the driving surface of the street. Bulky items should not be placed for pickup more than seventy-two (72) hours prior to the last Monday of each month. The approved contractor and the city will designate the particular week for various sectors of the city.
(Ordinance 305, sec. 1, adopted 3/10/93)
Disabled and/or handicapped residential customers (as certified by the city from a doctor’s statement supplied by the customer, that all occupants of the household are handicapped to the extent they are unable to place garbage at the curb for pickup) will be allowed to receive pickup at the house, but no farther from the street than the rear building line. Service will not be provided inside a garage or within a fenced yard. This service will be at the regular curbside rate.
(Ordinance 305, sec. 1, adopted 3/10/93)
All brush placed for normal pickup shall be tied in bundles not to exceed four feet (4') in length or placed in a container. Such brush shall not exceed two (2) cubic yards per pickup.
(Ordinance 305, sec. 1, adopted 3/10/93)
It shall be unlawful for any person to dispose of any hazardous waste or special waste except in conformance with all federal and state laws and regulations. Such disposal shall be at the sole expense and responsibility of each property owner.
(Ordinance 305, sec. 1, adopted 3/10/93)
No person, firm or corporation shall transport any waste or cause waste to be transported over the streets in the city unless such waste is entirely covered.
(Ordinance 305, sec. 1, adopted 3/10/93)
No person, firm or corporation shall provide any waste disposal services for which a fee is charged within the city limits without a permit, license or franchise from the city council. Only the city council shall authorize a private firm or company to provide such service in the city.
(Ordinance 305, sec. 1, adopted 3/10/93)
It shall be unlawful for any person to burn any garbage, trash, refuse, rubbish, junk or any other solid waste within the city limits, except that the city council shall have authority to authorize the burning of waste when it is deemed to be in the best interest of the city.
(Ordinance 305, sec. 1, adopted 3/10/93)
This article shall not prohibit a property owner or occupant from transporting solid waste or garbage to an authorized sanitary landfill if such owner or occupant desires to do so, but this section shall in no way relieve such person from subscribing to the city garbage service.
(Ordinance 305, sec. 1, adopted 3/10/93)
It shall be unlawful for any person to meddle, pilfer or scatter any garbage, rubbish, trash, junk or any solid waste. It shall be unlawful for any person to place any type solid waste in a container belonging to another person without that person’s consent.
(Ordinance 305, sec. 1, adopted 3/10/93)
(a) 
Each subscriber to the city garbage system shall conform to the regulations set out by the city council with respect to all aspects of the garbage disposal system.
(b) 
Each subscriber to the city garbage system shall pay the monthly fees as prescribed by the city council. The collection of such fees shall be made a part of the water billing service and the city shall be entitled to discontinue water service to any person, firm or corporation not paying the city garbage fees.
(Ordinance 129, secs. III, IV, adopted 2/13/69)